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The Deferred Action for Childhood Arrivals, or DACA, has been challenged by the Trump Administration in the past. However, on Friday, December 4th, Judge Nicholas Garaufis of the U.S. District Court in Brooklyn issued an order that would restore DACA policies enforced under Obama. In essence, the Department of Homeland Security (DHS) must begin accepting new DACA applications as soon as Monday, December 7th. The order also lifts certain limitations the Trump Administration placed on recipients of the DACA program.

New DACA Ruling Could Help Thousands

Judge Garaufis ruled that the federal program must restore the rules previously observed "prior to the attempted rescission of September 2017," which was when Trump officials began encouraging restrictions to the DACA program. Among these restrictions was a new one-year limitation on all DACA permits. This new ruling will reinstate two-year permits for qualifying applicants.

The federal DACA program currently helps roughly 640,000 undocumented young immigrants stay within the United States. Since July of this year, an estimated 300,000 young people residing in the United States qualify for DACA, but are still waiting for an opportunity to apply.

Court Supports DACA Reinstatement

In the past, the Trump administration has had substantial success in restricting the freedoms and opportunities granted to young people protected under the DACA program. However, the Supreme Court denied the administration’s attempt to end the DACA program completely back in June. Only a month later, a federal court in Maryland ordered the Department of Homeland Security to begin accepting new DACA applicants.

Unfortunately, DHS Secretary Chad Wolf blocked this effort by issuing a memorandum to cut renewal permits from 2 years to 1 and to suspend all new applicants. Judge Garaufis ruled that the DHS failed to follow proper rules of succession, however, by failing to confirm Wolf through the senate when he took over as acting secretary in November of 2019. Ultimately Garaufis’s ruling undermined Wolf’s actions.

Regardless of the past, the Department of Homeland Security has been ordered to provide public notification confirming the acceptance of new DACA applicants. This new ruling should provide countless young immigrants with a host of new opportunities.

If you have questions about how the latest DACA ruling could impact you or your loved ones, we encourage you to reach out to our attorneys to discuss your DACA case. At The Modi Law Firm, PLLC, we are committed to helping our clients with a variety of immigration concerns, and we have ample experience with the intricacies of DACA legislation.

Call (832) 514-4030 today to discuss your case with our immigration attorneys at The Modi Law Firm, PLLC.

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